How to File a Veterans Disability Case

Many veterans disability claim who join the military with medical issues that they don't seek out or treat. They think that the problems will go away after a while or get better.

But years pass and those problems get worse. Now they need VA assistance to obtain compensation. The VA doesn't believe the VA.

Getting Started

Many veterans are waiting for years before filing a claim. They may feel they are able to manage the issue or that it will disappear on its own without treatment. It is important to start a claim as soon as the symptoms of disability become serious enough. If you intend to file a claim in the future, inform the VA know by filing an intent to file form. This will help establish a earlier effective date, making it easier to recover money for the time you've already missed out on because of your disability.

When you file your initial claim, it is crucial to include all relevant evidence. This includes medical clinics for civilians and hospital records related to the illnesses or injuries you're planning to claim, as well any military records pertaining to your service.

The VA will review your claim and collect additional evidence from you and your healthcare providers. Once they have the information they need, they will arrange for you to take an exam for compensation and pension (C&P) to help them decide your rating.

This should be done in parallel with the separation physical to ensure that your disability is documented as service-connected, even if it is 0%. It is much easier to request an increase in rating if your condition gets worse.

Documentation

To get the benefits you are entitled to, it is vital to provide your VA disability lawyer with all of the relevant documentation. This could include medical records, service records and lay evidence such as letters from family, friends members or colleagues who know how your disabilities affect you.

Your VSO can assist you in gathering the required documentation. This may include medical records from the VA hospital, private physician's reports, diagnostic tests and other evidence to prove that you have a chronic condition that was caused by or worsened through your service in the Armed Forces.

The next step is for VA to evaluate the evidence and determine your disability rating. This is done by using a schedule created by Congress that outlines which disabilities are compensable and in what percentage.

If VA finds that you suffer from a qualifying disability, they will inform you of the decision in writing. They will then forward the appropriate documents to Social Security for processing. If they conclude that you don't have a qualifying disability then the VSO returns the document and you can appeal the decision within a predetermined time frame.

A VA attorney can help you find evidence to support your claim. Our veterans advocate can also collect medical documentation and opinions from independent medical examiners as well as a statement from the VA treating doctor regarding your condition.

Meeting with VSO VSO

A VSO can help with a variety of programs that go beyond disability compensation, veterans disability case including vocational rehabilitation and employment such as home loans as well as group life insurance, medical benefits as well as military burial benefits and many more. They will go through your medical and service records to determine the federal programs available to you and then fill the necessary paperwork.

Many accredited representatives work for VA-accredited/federally chartered veterans disability case service organizations (VSOs), which are private non-profit groups that advocate on behalf of veterans disability lawyers, Servicemembers, and their families. They are authorized to represent a Veteran or a dependent who has a claim of any federal benefit.

After the VA has received all of your evidence, they'll review it, and then give you the disability rating depending on the severity of your symptoms. After you have been given a decision by the federal VA, an VSO will discuss with you your ratings and any additional state benefits that you may be entitled to.

The VSO can also assist you to request an appeal to the VA to resolve an issue if you disagree with a decision made by the federal VA. The Appeals Modernization Act provides three "lanes" to appeal. These include a supplementary claim or a higher-level review or a notification of disagreement to the Board of veterans disability legal Appeals. A VSO will assist you in determining which appeal or review option is appropriate for your particular situation.

Appeals

The VA appeals procedure is complicated and time-consuming. It could take up to a time of up to a year before you receive a decision, depending on the AMA choice you make and if your case is eligible for priority processing. An experienced disability attorney can assist you in determining the best way to proceed and file an appeal on your behalf if required.

There are three different ways to appeal a Veterans Benefits denial however each one takes different amounts of time. A lawyer can help you decide which one is appropriate for you. They can also explain the VA disability appeals procedure so that you know what to expect.

If you wish to bypass the DRO review for you to directly submit your case to BVA then you must fill out Form 9 and wait for the regional office to forward the file to the Board. The BVA will then issue a Statement of the Case (SOC). You may request an individual hearing before the BVA but it's not required.

A supplemental claim provides an opportunity to present new and relevant evidence to the VA. This can include medical evidence and non-medical evidence like lay statements. Lawyers can present these statements and request independent medical examinations as well as a vocational expert's opinion on your behalf. If the BVA denies your claim, you may appeal to the Court of Appeals for Veterans Claims.